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Saturday, March 1, 2014

Rare weekend date for Masjid case

Mombasa based lawyer Abubakar Yusuf representing Mr Hemmed Salim Hemmed. Mr Hemmed was arrested last three weeks at Masjid Musa mosque during the fracas between the radical youths and police. Photo/Laban Walloga. 
By GALGALO BOCHA
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A Mombasa court hearing a case of the missing Masjid Musa man Hemed Salim Hemed will hold its sessions today in a rare weekend extension.


Mr Justice Edward Muriithi made the decision to sit on a weekend after Nairobi based activist, Mr Okiya Omtatah, who is one of the two petitioners in the case, asked him to do so.
Mr Omtatah told the judge that due to the gravity of the case before him, it would be prudent for all parties to sacrifices their time and sit today to ensure the case is heard and determined within the shortest time possible.

Mr Justice Muriithi directed that the proceeding begins at 10 am until 2 pm where police inspector Evans Wesonga will be examined and cross examined on the whereabouts of Mr Hemed.
During the Friday’s afternoon session, emotions ran high after a video of Mr Hemed’s arrest by police inside Musa mosque was played in the court.

His wife and other family members wept as the video was played in court showing police arresting the man dressed in a white vest and a trouser before being bundled into a police vehicle.
Haki Africa executive director Hussein Khalid, who downloaded the video footage from YouTube and Facebook, testified before it was played in court.

During the cross examination, Mr Khalid denied tempering with the footage saying he downloaded it from the two sites.

The footage showed police arresting Mr Hemed inside the mosque before taking him outside and are overheard asking him unspecified questions as they pull and push him.
Mr Hemed could also be seen replying to the officers questions and at one point heard saying “Haki ya Mungu sio mimi.”(I swear in God’s name it is not me)

Video footage
The court allowed the footage to be played in public after disallowing an application by lawyers Alexander Muteti and Richard Ngari for the director of Public Prosecution and Attorney General respectively, for it to be played in camera.

“It would jeopardise ongoing investigation. There is also quite number of police officers featured in that CD and their security need to be considered,” added Mr Muteti.

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